Madras High Court
P.Pannerselvam vs The General Manager on 1 November, 2021
W.P.No.23607 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.23607 of 2021
(Through Video Conferencing)
1.P.Pannerselvam
2.A.Shanmugam
3.Ramanathan
4.S.Syed Kayaseetheen
5.V.Rajaram
6.N.Matheswaran
7.G.Boopathi
8.S.Ekambaram
9.P.Kandasamy
10.K.Sampath
11.M.Sampath
12.S.Pachamuthu
13.L.Srinivasan
14.S.Sengamalam
15.G.Sundarajan
16.A.Ganesan
17.K.Kuppupillai
18.K.Shanmugam ... Petitioners
Vs
1.The General Manager,
Tamil Nadu State Transport
Corporation (Villupuram) Ltd,
3/137, Salamedu, Villupuram,
Villupuram District- 605 401.
https://www.mhc.tn.gov.in/judis
1
W.P.No.23607 of 2021
2.The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Pallavan Salai, Chennai – 600 002. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India to issue a
Writ of Mandamus, to direct the respondents to pay interest at 10% for the
belated payment of gratuity, Leave Salary, Employees Provident Fund and
commutation of pension amount to the petitioners.
For Petitioners : Mr.S.T.Varadarajulu
For Respondents : Mr.G.Saravana Kumar
Standing Counsel
ORDER
This Writ Petition has been filed for a Writ of Mandamus, to direct the
respondents to pay interest at 10% for the belated payment of gratuity, Leave
Salary, Employees Provident Fund and commutation of pension amount to the
petitioners in terms of the decision of the First Bench of the Madurai Bench of
this Court in W.A.(MD)Nos.383 to 457 of 2015.
2. The First Bench of the Madurai Bench of this Court, in the above
case, has directed the State Transport Corporation to settle the terminal
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W.P.No.23607 of 2021
benefits of its employees in 12 equal monthly installments and to pay interest
at the rate of 6% on the terminal benefits payable to the workman. The First
Bench of the Madurai Bench of this Court has also held that workman is
entitled to 18% interest for the defaulted period of installments.
3. It is noticed that though the above observation of the First Bench of
the Madurai Bench of this Court was followed by a learned Single Judge in
W.P.No.15886 of 2020 vide order dated 19.01.2021, the learned Single Judge
has subsequently modified the views in W.P.No.506 of 2021 vide order dated
24.03.2021 considering the constraints of the State Finance due to the
outbreak of Covid-19 with the following directions:-
“(i) Respondent/Transport Corporation is
directed to pay interest @ 4% per annum to the
Petitioner for the belated payment of gratuity,
leave salary and communication of pension
amount that are yet to be settled, in six equal
monthly instalments, commencing 01.04.2021.
(ii) In case of delay in making instalments
within the time stipulated supra, with reference to
the judgment of the Division Bench of this Court
(supra), interest payable for the period of delay
shall be at 6% per annum.”
4. Considering the same, this Writ Petition is disposed by directing the
respondents to consider the representation dated 05.08.2021 of the petitioner
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W.P.No.23607 of 2021
and to pay the interest of the petitioner for the belated payment of Gratuity,
Leave Salary, Employee Provident Fund and Commutation of Pension and
other legal dues to the petitioner in six equated monthly instalments
commencing from 1st December, 2021. No costs.
01.11.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
To
1.The General Manager,
Tamil Nadu State Transport
Corporation (Villupuram) Ltd,
3/137, Salamedu, Villupuram,
Villupuram District- 605 401.
2.The Administrator,
Tamil Nadu State Transport Corporation
Employees Pension Fund Trust,
Pallavan Salai, Chennai – 600 002.
https://www.mhc.tn.gov.in/judis
W.P.No.23607 of 2021
C.SARAVANAN,J.
jas
W.P.No.23607 of 2021
01.11.2021
https://www.mhc.tn.gov.in/judis
